Posted by Nate_MN on 11/13/05 6:28pm
Msg #76292

Attorney States

I am curious about these attorney only states. When did they become attorney only states? If you are in one of them and know this info, or just know in general please reply. I had thought for a long time that a slow down in business was the biggest threat facing this industry and had never considered that my state could go to an attorney only state.

Reply by Tina_MA on 11/14/05 9:55am
Msg #76334

Massachusetts has always been an attorney state, however, it only started being enforced in April of 2004, when the Governor signed into law Executive Order No. 455 (04-04).

Prior to 04/2004, I was not working for an attorney. I did not realize that there was legal precedent that made it an attorney state.

I have to say that I prefer working under an attorney. He pays me much better than the fees I used to get when working on my own, and I'm covered under a Worker's Comp policy.

Another added bonus is that unethical title companies and signing services back down quickly when an attorney tells them that what they want done is illegal. My quoting my boss also works well in certain instances.

I no longer have to worry about payment problems either. The unethical companies that do not pay in a timely manner, or do not attempt to pay at all, sit up and take notice when my boss calls them or sends them a letter.

The downside is that I do lose quite a few signings due to title companies and signing services that insist that since the property is located outside of Massachusetts, that they do not need to follow Massachusetts law. They insist that the laws of Massachusetts do not apply to these properties.

That would be true if the notarizations were being performed outside of Massachusetts boarders, but since they are requesting the signing take place withing the boarders of Massachusetts, the laws here do apply.

Overall, my job has become so much more enjoyable since I started working for an attorney.

Reply by Nate_MN on 11/14/05 10:32am
Msg #76342

Thanks for the reply.

So you work under an attorney. Does this mean that an attorney has to be present? If not, then do they just supervise you? If so, why doesn't the attorney just become a notary and do the notarizing?

Reply by Tina_MA on 11/14/05 11:02am
Msg #76351

He supervises me. He does do a signing here and there, but for the most part, he sends me.

Why should he do the signings when he can do other things and send me or the other two notaries he sometimes uses?

That's like asking why a manager or supervisor has people working under them.

Reply by Nate_MN on 11/14/05 11:09am
Msg #76353

Yeah I agree attorneys probably have better things to do than signings. I was just not sure if being an attorney state meant the attorney had to be present and if he did have to be there, it seemed logical that he would just also notarize, unless by law he couldn't.

If he is just supervising, and sending you out on your own to do the closings that makes sense. And, in that case, I can see the benefits of working under an attorney. Thanks for the info, I just have no idea how this attorney state thing works and you have shed some light on the situation.